Hendricks+v.+SOUTHFIELD

Hendricks v. Southfield Public Schools Docket No. 104017. Michigan Court of Appeals. Decided March 22, 1989. **Summary ** On appeal, the plaintiffs argue that a dangerous condition of a public building exists as a result of piles of snow being permitted to pile up on a school playground following the cleaning of the parking area. The plaintiffs argue that the mounds should be deemed an intentional nuisance and as such, the court should disregard the protective governmental immunity. Further, the plaintiffs argue that failing to remove the snow, intentionally created a condition where injury was sustained as a result of their negligence. A similar issue arose in the case of Scameheorn v. Bucks when the judge decided that the plaintiffs were at fault for misuse of speed bumps. He justified that if they had been used properly, no injury would have occurred. **Decision ** In order to establish a claim of intentional nuisance against a public school, the plaintiff must show that there is a condition which is a nuisance and that the agency intended to create the condition. After all the details of the allegations in the pleadings had been heard, ultimately, they could not prove an intentionally created nuisance. Therefore, the trial court concluded that the piles of snow did not constitute an intentional nuisance and placed the blame in the hands of the plaintiffs. **Impact on Teaching ** Teachers and administrators have to be constantly on their guard when scanning the environment for dangers. Kids can be creative at times and may use mounds of snow for king of the mountain. It’s our job to see things before they happen. In the event that an accident is unavoidable, a teacher must be able to prove they did everything they could to prevent it. Cases like these make the education community feel a little more at ease when an accident is truly unpredictable **Question ** Fill in the Blank A teacher must take the necessary precautions to ensure her students' are __ at all times.

Submitted equally by Sam Knight, Joann Wagner, and Kelsey Cirmotich